MINUTES OF THE

TOWN OF BARNES

REGULAR BOARD MEETING

AUGUST 19, 2008

 

Chairman Collyard called the Regular Board Meeting to order at 6:30PM. The Pledge of Allegiance to the Flag was said. A roll call was done to establish a quorum. Verification of Public Notice and a Motion to approve the August Agenda.

Webb-absent, Meinke-here, Porter-here, McGee-here, Collyard-here.  A Quorum was established.

Collyard asked for the verification of a Public Notice from the Clerk-Treasurer and a Motion to approve the August Agenda.

Motion(Porter/McGee) to approve the August agenda.  Motion carried.  The approved Agenda is as follows:

NOTICE

TOWN OF BARNES

REGULAR BOARD MEETING

AUGUST 19TH AT 6:30PM

AGENDA

Call the Regular Board Meeting to order at 6:30PM

Pledge Allegiance to the Flag

Roll Call to establish a quorum/Verification of Public Notice/Motion to approve the August Agenda

Approve minutes of the Last Regular Board Meeting and Motion to dispense with reading of the minutes.

Treasurer’s Report

Voucher’s Approval

Clerk Correspondence

                Approval to combine Act 102 account back with the Money Market Account 

Citizen’s Request for Action:

1)       Request to correct town road sign on Borman Road to correct spelling to Bormann Road -  update from last meeting

Department Head Reports:

                Highway

                                Employee Medical Leave approval                                                                               

                Cemetery             

                Fire and Ambulance Department

                                Approval of new hire, Margaret Bossow

                                Approval of three year contract with Premier Pyrotechnics for fireworks       

                Constable

Committee and Commission Reports:         

                Recreation Committee     

                EWM Committee

Land Use Planning Commission

Zoning:

1) Special Use permit application to place a mobile home in an F-1 Forestry District on property owned by Lynn and Wanda Johnson at 52220 Pease Road

2) Conditional Use Application to place a bulk-storage facility (LP gas) by Superior Fuel Company at the Barnes Industrial Park on property owned by the Town of Barnes,  Mike Wiebe, agent

3) Request by Dick Webb to correct current R-2 zoning on Glenn DeSmith property (and others) in Section 30, T45N, R9W

4) Jon Harkness and Property Owners proposal for an overlay district Amendment to the Bayfield County Zoning Ordinance

Approval of Three Year Contract by Charlotte Johnson for Assessor Services

Operator Licenses:  2 Year License renewal for James Wiechert

Picnic License approval for Barnes Lions Club, Russ Carter, agent for August 8th and 10th

(License issued pending after-the fact Board approval)

Public Comment Session – 5 minute limit for those not on the Agenda

Issues Timeline Update

All Department Heads are encouraged to be at the Regular Board Meetings

All Department Heads and Committee Heads are to submit a written report to the clerk

by Friday evening prior to the Board Meeting.

The Town Board reserves the right to solicit information from

Department heads and Committee heads only, without opening the floor to discussion.

Any persons requiring special needs for handicap services please contact the Clerk-Treasurer

Elaine J. Brustad    Barnes Town Clerk-Treasurer

Dated this 15th Day of August, 2008

Collyard asked for a motion to approve the minutes of the Last Regular Board Meeting and a motion to dispense with reading of the minutes.

Motion(Meinke/McGee) to approve the minutes of the last regular Board meeting and to dispense with the reading of those minutes.  Motion carried.

 

Treasurers Report

 

 

 

 

 

 

 

 

 

 

Checking Balance from last meeting

 

$12,762.30

Receipts

 

 

 

 

$150,067.53

Check #'s 22760-22871

 

 

($69,760.42)

July Direct tax payment ck # 309

 

 

($5,800.20)

Service Charge July

 

 

 

($16.37)

Interest Earned July

 

 

 

$46.65

 

CHECKING BALANCE

 

 

$87,299.49

 

 

 

 

 

 

Act 102 Fund

Opening Balance

 

105.31

 

 

Svc Chg + Int earned

 

($9.83)

 

 

ending balance

 

95.48

 

 

 

 

 

 

Money Market Gen'l Fund Balance from Last Meeting

$384,188.42

Interest earned July

 

YTD Interest $18,270.38

$920.62

 

Sub-Total Money Market Gen'l Funds

$385,109.04

Highway Dept. Sinking Fund

 

 

$31,072.92

BES Sinking Fund

 

 

 

$52,677.05

Park Savings

 

 

 

$13,673.18

Ski Trail Savings

 

 

 

$755.61

Parade-Event-Calendar Fund

 

 

$1,842.60

Town Hall Maint & Repair  Fund

 

 

$19,298.20

 

 

 

 

 

 

 

Sub-Total Money Market sub accounts

$119,319.56

Total all Money Market Funds

 

 

$504,428.60

 

 

 

 

 

 

 

TOTAL ALL ACCOUNTS

 

$591,823.57

Motion(Porter/Meinke) to approve the Treasurer’s report as read. Motion carried.

 

Voucher’s Approval

Motion(McGee/Meinke) to approve the voucher’s as presented. Motion carried.

 

Clerk Correspondence

Brustad received a letter from the Department of Administration and the preliminary estimate of the 2008 population is 706, which she feels is still low.

A yoga class will begin at the Town Hall in September presented by WITC.  It will be on Tuesdays and to register call the WITC office.

Brustad said she had received donations from the Barnes Lions Club and the Christian Men’s Club to be applied toward the swimming lessons.  Since the lessons weren’t given she returned the donations to those organizations.  She wished to thank them for their generosity and hoped they would consider donating again next year when the town will offer the lessons.

She received the 2008 Equalization report from the state, it showed an increase of 4% in the equalized value or market value of homes throughout the town.

Brustad read a letter from Jane Kriskovich of Polar Gas Company asking for the Board to consider a few points she wanted to make before allowing installation of the bulk storage tank up for Board recommendation.  She stated “Often times such installations will devalue the remaining property in the area due to the hazardous nature of the product and by the obvious reluctance of other business wanting to build next to it.  Concerns may arise form the existing helicopter landing site as well.  Would the proposed storage cause a potential delay in emergency services in your area?  Special conditions should be contingent with the approval of the Conditional Use Permit.  Ensure continued compliance of Chapter 4 ( General Requirements) and Chapter 14 (Operations and Maintenance) of the National Fire Protection Association, Liquefied Petroleum Gas Code 58.  In addition, have them agree and comply with the new Propane Safety Act Law that was passed in April of 2008 and the new rules set by the Department of Commerce in August of 2008.  Finally, require a copy of the License required by the State of Wisconsin to install the storage.”

 

                Approval to combine Act 102 account back with the Money Market Account –Brustad said each month the service charge on the individual account is $10.00, and interest earned in only .17, so the service charges are eating the account’s balance up.  Per the email from Lynn Lutz, the town’s Auditor, the account can be a sub-account in the regular town’s account and still comply with any regulations on its use.  She was requesting the board to approve her putting the funds back into the money market account to save the service charges each month.  It will still be separated into sub accounts as she did last year.

Motion( McGee/Meinke) to combine the ACT102 account with the funds in the money market account at the bank but keep funds separate in the general ledger. Roll call vote taken: McGee-yes, Porter-yes, Meinke-yes, Collyard-yes, Webb-not present) Motion carried.

 

Citizen’s Request for Action:

1)       Request to correct town road sign on Borman Road to correct spelling to Bormann Road -  update from last meeting – Collyard said he spoke with Jerry Witt and a resolution is needed by the Board to request it be changed at the state level.  It is spelled with one “n” at the state Department of Transportation.  Collyard said he also received a request not to change it as their address would have to be corrected which would involve a lot of work.  Collyard said we should let it lay unless we get better direction from the state. Motion (Meinke/McGee) to table the request indefinitely.  Motion carried.

 

Department Head Reports:

                Highway

Since the last meeting, the docks for the Town Park, at Tomahawk Lake were put back in the water.

The remaining sand section on the southern part of Lynx Rd, which is a school bus route, has been crowned up and graveled. Also the remaining sand section on Wilderness Court has been crowned up and graveled.

The Martin Rd reconstruction project has been started. The surveyor has completed his work and we are starting to lay out the 50 foot right of way. The trees that have to come off the right of  way, are being marked with different colored markings as to the property they belong. This will also give an accurate tree count for the bidding on the right of way clearing. I have contacted Mr. William Pearce, the major property owner that the Windrose Five Rd is located on, in relation to the intersection of that road to the Martin Rd. The plan is to straighten the east end of the Windrose Five Rd to run parallel with his northern property boundary. This will put the new intersection just down the hill from the Duke Marten residence. The reason for doing this is to improve the safety at this intersection and also to control erosion that has existed in the past. The wing wall repair, at the Locks’ bridge on South Shore Rd, has been delayed into the fall.  Due to emergency repair and replacement of bridges located in the southeast corner of our state, the contractor can not give me a definite date to do the work on the wing walls.

Mike Collins, my full time employee, has taken a medical leave of absence. I wish him well.

Also regarding the Martin Road project state law dictates a 50 foot right of way minimum.  The Town’s road Right of Way policy states this policy be followed.  I have received a request from a homeowner on the Martin Road to narrow the road right of way to save a large stand of mature red pine that is susceptible to wind damage.  I would like the Board’s directive on this. My thought would be to put the Road’s Committee back together to study the issue.  Meinke agreed and said the Board needs to make a motion on this.

Motion (Porter/Meinke) to put the Roads Committee back into being.  Jerry will contact the members and set up a meeting. Motion carried.   Collyard said he would like all the Board members to sign the leave request submitted by Mike Collins. The Clerk-Treasurer presented the form for their signatures of approval.                                   

                Cemetery Clerk-Treasurer Brustad read the report.  On August 7th Mary Wright was interred in Block 6 new addition on lot 9, cremation on Dalton Wright site.

               

                Fire and Ambulance Department

Since the last Town board meeting the ambulance has had four calls

3 – no transport

4 – transport to Hayward

2 – respond with Fire Department

2 – transport to St. Mary’s

1 – Motorcycle accident on CTH Y transported to St. Lukes

1 -  Mutual aid to Cable ambulance Patient transported to Hayward

1 -  Mutual Aid to Douglas County for Motor vehicle accident in Solon Springs no transport

1 -  Gold Cross intercept

The new ambulance Cot has arrived and has been placed in use.  Looking to sell the one we had and I am working on that.  The ambulance is going to be starting a letter drive fund raiser to purchase a 12 lead EKG defibulator with transmission capabilities to hospital by cell phone.  This is going to soon be a mandated from Dr. Wesley and because of our transport times will be a great enhancement to the medical field.  The reason for this is that the information can be sent right to the Emergency Room where the EKG can be read and the cardiac team and cath lab can be activated at the hospital prior to the patients arrival so the patient can receive care as soon as the patient arrives thus increasing the patients chance of survival by saving time.  The goal is to get the patient into the cath lab with in an hour of the call and this will save a half an hour to and hour of time on the other end.  The cost is around $20,000 dollars thus prompting the fund drive. 

Town board approval of new EMT.

The Fire Department had two calls

2 – False Alarm

Reminder that on September 20th we will have the Mock Wildland Fire taking place on the South western portion of our Township. 

                                Approval of new hire, Margaret Bossow – Renz said background check had been done. She will be attending the EMT class in September, then start on Fire training. 

Motion(Porter/Meinke) to approve the new hire for the Ambulance and Fire Departments. Motion carried.

                                Approval of three year contract with Premier Pyrotechnics for fireworks – Renz said the contract had gone up by 25%, but if we do the three year contract he will add additional 10% fireworks.  Everyone agreed the fireworks are well done and everyone seems to love the show.

Motion(Porter/McGee) to approve the three year contract with Premier Pyrotechnics in the amount of $10,000 each year for a three year term.  Roll call vote taken: Webb-not present, Meinke-yes, Porter-yes, McGee-yes, Collyard-yes. Motion carried.

                 

                Constable – Clerk-Treasurer read the Constable’s report as he was not present

( 4 ) Alarms from sheriff...........( 1 ) deer hit on hwy 27..........( 5 ) Personal water craft complaints..........( 1 ) Assist boat landing inspector with unruly boater, subject refused to allow inspection of his boat and verbally threatened town employee..........( 1 ) assist boater on middle , sailboat capsized, unable to re-float, transported occupants, and towed to shore........(1 ) fireworks complaint at buck-n-bass resort.........( 4 ) ATV complaint, issued warnings to operators.........( 1 ) Request for help, Homeowner contacted me at home and stated she heard a child screaming for help and an car horn blowing at unknown property south of hers. I went to every property in area and found nothing.........( 1 ) assist motorist on county Y, transported to phone and request tow.

I have had several calls this summer season concerning after hours personal water craft, ski, tubing, on our larger lakes. It’s almost impossible for me to respond to these complaints unless I'm on the water, on the lake where the offender is. The calls come into my home. More often than not, I'm not standing by the phone. If a message is left ( often no message) I may not hear it until I return home, and that could be hours after it was made. As I'm sure all of you are aware. the town does not own a boat to address these type of ordinance violations. For the past 8 years I've donated the use of my boat that I trailer from lake to lake. This summer I've taken a pro-active approach to hopefully address this problem. On weekends when lake traffic is at its highest level. I've been stopping boaters( during legal hours ), introducing myself, and informing them about our lake ordinances. I have also contacted some local business owners( resorts, bait shops, restaurants) and asked if they would post the information. hopefully this will help. I do recommend that we re-address the practicality of this ordinance. I feel the hours are to restrictive, and at times unfair. As I've told many of the people making the complaints ( some who don't even live on water ) There is always room for compromise, and you can't enforce the law with a baseball bat ( as some callers have stated in there messages ). I have learned over the years, a little sugar, a kind word, and presenting myself in a respectful manner will solve 98 percent of most situations. As for the other 2 percent.....they will be held accountable. Thank you for listening...........Mike

 

Committee and Commission Reports:

               

                Recreation Committee Donna Porter reported there was no meeting held last month.  They never did the swimming lessons.  She is still working on trees for the park in the back but they won’t be put in until the fall.

 

EWM Committee –Ingemar Ekstrom reported on the committee happenings.  The Clean Boats Clean Waters program will be wrapped up after Labor Day weekend.  They may use volunteers for the Musky Fest Contest in October.  As far as the Tomahawk and Sandbar lakes research project, Sandbar is growing a lot of Eurasian Water milfoil.  Currently the Army Corps of Engineers feels Tomahawk Lake has none growing at this time.  They will recheck in October. Sandbar Lake has been a very important reference lake for the project.  The Army Corps will also be doing well testing and indicated they will now test all wells if the people are interested.  Collyard asked Ingemar if the agendas could be emailed to the Clerk-Treasurer so she wouldn’t have to retype them to get them on the website.  She has had an inquiry as to why they aren’t on the website.  Ingemar said he could do that. 

 

 

Land Use Planning Commission – Commission Chair Dave Pease reported the commission met last Thursday and they recommend to approve  the Special Use Permit for Lynn and Wanda Johnson to place a mobile home on their property and the Conditional Use permit request to place a bulk storage tank and related equipment at the Industrial Park, the Commission recommended approval.  For the request by Dick Webb to change the zoning on the DeSmith property they recommend to confer with zoning for them to make the change.  Regarding the Proposal submitted by Jon Harkness and the Property Owner’s Association, the Commission denied it at this time but want to further explore the issue as it is a worthwhile proposal and serious issue affecting the Town of Barnes.  They talked about combining the Property Owners, Plan Commission and Town Board to form a committee to further explore the issue. 

 

Zoning:  Collyard asked Jon Harkness to speak regarding the proposal from the Property Owner’s Association.  Jon stated the proposal was coming from the zoning committee within the Property Owners Association.  What they were seeking was 2 overlay district amendments to the Bayfield County Zoning Code.  They want to increase the minimum shoreline requirements on MUDS (Multi-unit developments) and CSD’s (Conservation Subdivisions).  The proposed minimum requirements would be basically the same density as for a single family unit. 

Collyard then asked if Jane Kriskovich wanted to say anything in addition to her letter the Clerk-Treasurer has read regarding the Conditional Use Permit application.  Jane introduced herself as General Manager for Polar Gas Company and also on the Board of Directors for the State Association.  She wanted to also mention that Polar Gas had placed a bulk storage tank in Bayfield County and it was in the middle of a 180 acre field, not close to any dwelling.

 

1)         Special Use permit application to place a mobile home in a F-1 Forestry District on property owned by Lynn and Wanda Johnson at 52220 Pease Road

Collyard asked for a motion to approve or disapprove.

Motion(McGee/Porter) to approve the Special Use permit application to place a mobile home in a F-1 Forestry District on property owned by Lynn and Wanda Johnson at 52220 Pease Road as it meets all zoning requirements and PC recommended approval. Motion carried.

 

2)         Conditional Use Application to place a bulk-storage facility (LP gas) by Superior Fuel Company at the Barnes Industrial Park on property owned by the Town of Barnes,  Mike Wiebe, agent.  Collyard asked for a motion to approve or disapprove.

Motion(Porter/Meinke) to approve the Conditional Use Application to place a bulk storage tank at the Barnes Industrial Park by Superior Fuel Company.   Discussion followed.  Porter wanted to know how far this lot was from the Helicopter landing zone.  Gene Ratzel said it was approximately 500 feet.  The minimum it should be from a property line or important building per the Gas Codes is 50 feet, so this is more than sufficient.  Porter asked if this lot was the furthest lot.  Ratzel said it was the furthest west, but the park extends behind the transfer site so technically not the furthest.  Meinke said Superior Fuel also has to get a state permit, so they will check all this also.  He added, in order to get any type of funding for the infrastructure of the park we have to have a viable candidate, so it is important to try work with them on this matter.  Collyard asked if the board wanted to put any restrictions on the motion.  He felt it must meet all state and county codes, and fire codes and the 2008 Liquefied Gas Code requirements.  It also should not impede any future development within the park.  Motion carried.

 

3)         Request by Dick Webb to correct current R-2 Zoning on Glenn DeSmith property (and others) in Section 30, T45N, R9W Collyard spoke on the request by Dick Webb to have the zoning changed on these parcels.  For each individual to have it changed would cost them quite a bit of money.  The correction is due to a zoning error, so Webb would like the Town’s help in getting it corrected.  The Plan Commission relayed their recommendation also to have it changed. 

Motion(McGee/Porter)to recommend to Bayfield County Zoning that they correct a zoning error on these parcels. Motion carried.

 

4)         Jon Harkness and Property Owners proposal for an overlay district Amendment to the Bayfield County Zoning Ordinance Collyard had previously asked Jon to briefly explain what the proposal was for.  The Plan Commission denied the request at this time but suggested we further discuss the proposal because they felt it was very worthwhile and a serious issue affecting the Town of Barnes.  Their recommendation to the Board was to start a committee with the Plan Commission, The Property Owners Association and the Town Board to develop a resolution that could then be presented to Bayfield County to adopt.

 

 

 

 

 

Motion(Porter/McGee)to also deny the proposal at this time and to confer with the Plan Commission and the Property Owner’s Association to write a resolution to be presented to the County Zoning Board.  Motion carried.

 

Approval of Three Year Contract by Charlotte Johnson for Assessor Services

Motion(McGee/Porter) to approve the three-year contract for Assessor services by Charlotte Johnson for $12,000.00 per year.  Porter wanted to know if her services had improved since a few years ago.  Brustad said yes, most everything had been worked out and she felt Charlotte was doing a good job now. Roll call vote taken: Meinke-yes, Webb-not present, Porter-yes, McGee-yes, Collyard-yes. Motion carried.

 

Operator Licenses:  2 Year License renewal for James Wiechert Brustad said Jim pad paid his fee for the license. Motion( McGee/Meinke ) to approve the 2 year operator license renewal of James Wiechert.  Motion carried. 

 

Picnic License approval for Barnes Lions Club, Russ Carter, agent for August 9th and 10th

(License issued pending after-the fact Board approval) Brustad said they had come in after the last Board meeting on the 5th of August and wanted the license.  She issued them the license pending the formal approval by the Board. The dates were incorrect on the agenda, it should have been the 9th and 10th.

Motion( McGee/Porter) to approve the Picnic License for the Barnes Lions Club for the 9th and 10th of August.  Motion carried. 

 

Public Comment Session – 5 minute limit for those not on the Agenda

1)       Greg Martin was here to represent the Eau Claire Lakes Conservation Club.  They would like the trees that are being cut on Martin Road.  If the town could split the bid for the right of way clearing they will pay for that portion to have them moved to a location close by.  They realize the trees are the property of the homeowner and they have been contacting them for their approval before the trees are hauled away.  This should save the town some money as they wouldn’t have to pay to have the trees cut up and mulched.

2)       Fred Tinker who lives on Lower Lake Road wanted to compliment the road crew for a great job they have been doing on the Lower Lake Road.  It is the best he’s seen in 50 years.

3)       Jane Kriskovich wanted to ask if the public had been allowed to participate in the BADC meetings and if they were posted.  She wanted o know if the public was allowed to participate in discussion at the Plan Commission meetings.  Meinke told her all the meetings are public meetings and all BADC(Barnes Are Development Corporation) and Plan Commission meetings are posted for the public to attend.

4)       Carol LeBreck wanted to ask the Board if the Conditional Use Application for the bulk Storage facility was available for anyone to view before the public hearing along with the Environmental Impact Study.  Brustad said what she had is the Conditional Use Permit, a one page document and related information from the County.  Meinke said he has the Lease agreement, protective covenants for the park, and there is a map also of the park.  These documents are available for her or anyone else who wanted to look at them before the hearing.

5)       Leslie Hall said she doesn’t think we have enough information on this tank, and during the Plan Commission meeting did the footage requirement apply to this large tank or only the 1000 gallon tank.  Ratzel responded it did.

 

Issues Timeline Update

All a work in progress, zoning issues to update were O’Neil’s can be taken off, they have removed their RV, Liesch’s will be building in the fall, Furtak is checking on Markham’s. 

 

Motion (Porter/McGee) to adjourn the Regular Board meeting of August 19, 2009.  No other discussion. Motion carried.  The meeting was adjourned at 8:05PM.

 

Respectfully Submitted,

 

 

 

 

Elaine J. Brustad

Clerk-Treasurer

Dated this 23rd Day of August, 2008